before biden and ryan take the stage. >> it is still fun to watch even if it doesn't change your vote. it is still great viewing and you learn a light. bill: an american moment. remember when sarah palin came out on stage against joe biden. >> mine if i call you joe? bill: you may. see you tomorrow everybody, you may. jon: i just call him hemmer. fox news alert. counts down to their one and only showdown. we're live in danville, kentucky awaiting the vp debate. putting current vice president joe biden against the guy who wants his job. the pair square off in 10 hours. how will it affect the entire presidential race? we'll have that moments from now. first now, brand new stories and breaking news. jenna: a body is found as police search for a missing 10-year-old colorado girl.

the latest in the investigation to jess kay ridgeway's disappearance. latest on mini wheats pulled from the store shelves. concerns about what the serial may be contaminated with. concerns about dale earnhardt, jr.. a concern that could affect the rest of the racing season. it is all "happening now.". new fallout from the last debate as the number two guys on the ticket gear up for their one and only faceoff just hours from now. hi, everybody, i'm jenna lee. i don't go as number two. are you number two? i'm just kidding, jon. come on. i was wondering how they feel, paul ryan and joe biden to be referred to as number two. they are but. jon: they only get this one shot at it. it will be interesting. i am jon scott. i can be number two too. jenna: be number one, jon. jon: big developments in the race for the white house.

round two of the debates. this time vice president joe biden against his gop rival congressman paul ryan. we have brand new polls taken after the first presidential showdown. according to the "fox news poll" the romney ryan ticket got a boost jumping three points while the obama-biden ticket dropped three. the impact of the debate seems greater among independents with that voting bloc jumping five points in support of team romney while team obama dropped 7 points. president obama's opinion stayed the same after the debate while governor romney's rose four percentage points. that gives him a one point lead. still when you factor in the margin of error it is still too close to call. how did the president and governor romney did at the debate? both are weighing in. >> well, governor romney i had a good night. i had a bad night. >> how bad? >> well, it is not the first time i've had a bad night. >> well, obviously the

president wasn't happy with the response to our debate last night. >> what's your message to joe biden about tomorrow night? >> well i, you know, i think joe just needs to be joe. jon: joining us now is karl rove, former senior advisor and deputy chief of staff to president george w. bush and a fox news contributor. i want to get your take on that advice from the president. he said let joe be joe. isn't that kind of dangerous? >> depends who shows up. is it the gaffe meister who says he will put you all back in chains or the guy showed up at the debate in 2008 against sarah palin and did a very good job. jon: democrats say you will not see the un, the unchained, the loose cannon joe biden tonight. that he will be very much on message. do you expect that? >> i expect that. he has more experience in presidential debates than anybody else running this year. he run for president himself. he has been vice president. he has done these debates before. he will be disciplined when

discipline is really required for the moment. what will be interesting will be to see whether he is is did minuted like he has been in the last several days in being the attack dog or will he be disciplined in sketching a positive and optimistic agenda for the future of the country under the leadership of barack obama and joe biden. and the last several days, since the debate he has been on the attack on both romney tax cut, on the, on their budget plan, on entitlement reform. giving every suggestion that might be how he is tonight. jon: paul ryan has mastered the nation's budget on capitol hill. a member of budget committee and so forth. he is no slouch when it comes to debating facts and figures. >> there is a difference between a congressional debate and a committee hearing and being on the national stage. this will be his first time in a debate on the national stage in this kind of a venue. so he is, he is the underdog but, as you say a very bright guy. i think one thing is, when

we get into foreign affairs tonight we might see paul ryan doing really, really well in an area he is not expect to do well. jon: in my humble opinion nobody takes apart poll numbers better than you do. you have interesting conclusions from some of these poll numbers that are out since the first debate. 53% of the americans are still saying the economy is in trouble and president obama hasn't done much to fix it. >> yeah, look. president obama's weakness people look what he has done the last four years and two out of every three americans think that these things he has done have either not helped or proactively hurt the economy. this remains his big challenge. what the interesting thing about the last week is, we're seeing a pretty significant bounce. if you look at the national polls, "real clear politics" average, the afternoon of the debate showed an obama lead of 3.1%. as of last night at 5:00 it was 1.1% for romney, which means a 4.2% swing. that is not the end of what we're likely to sigh. remember we had the debate

on a thursday. we had monday, was columbus day, a holiday. a lot of pollsters tried to get interviewing in before the holiday or began afterwards. i think tomorrow we'll likely see a five-point swing from where we were to where we are. jon: there is a lot of conventional wisdom in politics, what i hear in the long campaign season, their bases were pretty much decided and there were very few persuadable voters out there whose minds could be changed. seems like a lot of people change their minds. >> a five-point swing is big. you're right. we had relative small number of undecideds, four, five, six% on these polls. on the other hand hidden in each side's camp is slightly larger number, 4, 5, 6, 7, 8% of the electorate who are weakly linked. i'm for obama today but i could be somewhere else tomorrow. i'm from rom for romney but

i could be somebody else tomorrow. as a result he had a pretty significant bounce i suspect it will continue for a while. jon: it has on about youed is the president might have within wise to have a few more hard-hitting interviews rather than, you know, "people" magazine and "entertainment tonight" in the months leading up to this. >> it helps. you like having those kind of interviews. it helps bring the a game. other thing somebody should have taken away the basketball. you're not getting out on the court at lake las vegas. tough stay in the room and get get to work. this is problem with incumbent. he always thinks i'm ready. in reality you have to go back to school. jon: karl rove, fox news contributor. always interesting to talk to you, karl. >> thank you, jon. jon: jenna. i wanted to say, i'm sorry, jenna before i turn it over to you, the vice-presidential debate, full coverage starts tonight, 8:55 p.m. eastern time right here on fox news channel. we are america's election headquarters. jenna: we'll look forward to that. meantime today marks one month since the deaths of ambassador christopher

stevens and three other americans in benghazi. now a new call to add those responsible to the u.s. foreign terrorist list. house homeland security committee chairman peter king is calling on secretary of state hillary clinton to take action. chief intelligence correspondent catherine herridge has been following the story since the beginning. she is joining us live from washington. >> reporter: thank you, jenna. one theme dominated at hearings yesterday on capitol hill. it was that official washington was preoccupied with reducing the number of american security personnel at the consulate and replacing them with libyan guards even after a series of attacks on diplomats. for the military and state department diplomatic security personnel on the ground a terrorist strike according to the testimony seemed inevitable give the escalating violence. requests for more security rejected in the bureaucratic nightmare of political washington. >> it's not the hardships, it is not the gunfire, it is not the threats. it is dealing and fighting against the people, programs, and personnel who are supposed to be supporting me and i added it by saying for

me the taliban is on the inside of the building. >> reporter: but yesterday ambassador kennedy the most senior state department official to testify before that government oversight committee hearing responded. >> i am extremely, extraordinarily proud of the diplomatic security service. these are individuals i worked with for almost 40 years. they are the best of the best. they're extraordinary professionals. i was simply surprised to hear language like that used. >> reporter: at the hearing ambassador kennedy said within a day of the attack he personally believed it was terrorism but he argued anyone in the administration would have said what ambassador rice said on the sunday talk shows five days after the attack that it appeared to be a demonstration that spun out of control. these statements are not inconsistent but clearly confusing to the committee. we were told the state department was unhappy with kennedy's performance on the hill, jenna. jenna: there has been so much back and forth over the last several weeks. i had that provocative hearing that you mentioned

yesterday, catherine. so where does the story go from here? >> reporter: based on my reporting there is a new and strong focus on a briefing given friday, september 14th by cia deck tore date petraeus to members of the house intelligence committee. in that briefing sources confirmed to fox that the administration was wedded to the administration youtube explanation. without discussing classified information congressman king who has great reis speck for petraeus was clearly not satisfied and puzzled by what they were told. >> director petraeus gave the briefing and by what we learned since a lot of what we were told at that briefing was inadequate. i don't know the reason for it but, appears, especially what we know now, that there was more information available that was not told to us that day. >> reporter: congressman king is asking secretary of state clinton to designate this group, ansar al sharia. this group wants to establish an islamic state in eastern libya as foreign

terrorist organization. as we first reported on fox the intelligence shows or at least strongly suggests that ansar al sharia worked with the al qaeda affiliate in the north africa to launch the attack on the consulate in benghazi. jenna: we'll continue to watching next steps in all of this, catherine. thanks for your great reporting. >> reporter: you're welcome. jon: this just in, colorado police announce ad body has been found in the search for a missing girl. but they're not confirming that the body is that of 10-year-old jessica ridgeway. jessica vanished last week while watching to school. dan springer is live in westminster, colorado, right now. are police saying anything about a possible connection between the body and this missing girl? >> reporter: yeah, jon, they specifically said nothing this morning. they had a news conference here at the police headquarters and did not make a link between the body found last night and the missing girl who has been missing since last friday. here is what we can tell you. a body was found last night about 5:00 in an open area about 11 miles away from

where jessica ridgeway was last seen at her house. it is an open space. it is near a park. the cops would not say who found the body but we know have there has been a massive law enforcement search of a thousand people since the weekend. they're focusing the search on an old mining shack. jessica as you mentioned was last seen by her mother leaving for from her house to school a mile away. she usually meets up with at a park to meet with friends to walk to school. police called a news con fraens yesterday to clear the parents as possible suspects. >> i want to come out today and tell you at this point in the investigation after thoroughly looking at the parents, we're confident that they are not involved in the disappearance of jessica ridgeway. the focus shifts to an unknown suspect as we think that she was abducted. >> reporter: jessica's parents are divorced. she was living with her mother here in westminster. the father lives in missouri.

we can tell you that we've been out here all morning long. we've seen lots and lots of people coming and going. they are part of the law enforcement search. so they're going back to that area where the body was found. this is still a very active investigation, jon. jon: all right. dan springer, do they have, before i let you get away, do they have any leads at all? >> reporter: well, again, they cleared the parents as possible suspects. they have come out and said that they believe this was an abduction. they're looking at a lot of different leads. they have one coming in from maine of someone who saw somebody matching jessica's description. there was another case on monday in cody, wyoming, that seems very similar. also last month, jon, a couple of girls were tried to be lured into a car by a man who was offering them candy. they're looking at all these different possible links but right now the focus is trying to identify the remains found yesterday. jon: what a sad story. dan springer in westminster. thank you. jenna: we'll turn back to politics now. as we get closer to election day new polls show the race

between the president and governor romney are tighting, the races are tightening in some very key battleground states. the latest results and what it could mean come november. colorado movie massacre suspect james holmes due back in court today but what lawyers are discussing now. hese, and these come together, one thing you can depend on is that these will come together. delicious and wholesome. some combinations were just meant to be. tomato soup from campbell's. it's amazing what soup can do. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

jenna: right now we want to take a look at a few new polling numbers in some key battleground states taken after the first presidential debate. a marist poll finding governor mitt romney deadlocked in virginia. and in florida, the republican nominee making his largest gain in the state of virginia, edging the president 48-47. the president still slightly ahead in ohio. quinnepiac poll, "new york times/cbs news poll" finding governor romney gaining strength in colorado, virginia, and which is even though the president still hold as slight advantage in two of those states. shane deapril, editor of

campaigns and election magazine. great to have you back with us. interesting to hear the calf yes yacht there. gains by governor romney but the president still slightly made. what do you make of these polls? >> jenna we talk about how presidential debates are rarely decisive. history has certainly shown that to be the case. what this latest set of numbers show they could really provide some momentum one way or the other. i don't think there is any doubt that mitt romney's solid performance in the first debate led to particularly the uptick in his favorability numbers you've seen in a couple of these polls. overall though, the top lynum members still, there's an advantage there for president obama. momentum certainly swinging mitt romney's way in a couple of these states. he has to keep that up particularly in virginia, ohio and florida. jenna: in "the wall street journal" poll we mentioned seems that mitt romney gained support in a key group being independent voters. as we get closer to election

day, shane, what group do you think it going to be the group to watch to see if they head to the polls and what vote they cast? >> yeah, it is a hard question, jenna because there are so few undecideds this time around. you heard this acknowledged by pollsters frankly from obama and romney campaign. they expect the overall number of truly undecided voters come election day to be truly in the single digits. that makes it so important for both campaigns to really get the base motivated and get their voters out in these critical battlegrounds. one point i think about ohio that is critical. if you look in the most recent polling, the obama campaign has a bit of an advantage when it comes to the early vote. that is something that could spell some trouble for mitt romney because, if president obama's able to get that early vote by a pretty substantial margin which poll suggests he does, mitt romney has to win election day voters in ohio pretty handily in order to take that state. so that is something to watch there. jenna: how much faith do you

put in some historically understood facts, shane? what i mean by that, we started off the conversation, debates usually don't matter that much historically but maybe this one does. ohio, if you're republican you have to got to win ohio and if you don't it is all over. how much are the truisms really true in today's election cycle? >> some of them are sort of good talking points. we go back to the conventional wisdom often but i think one thing this cycle has shown a lot of the conventional wisdom, frankly you might be able to just throw some of it aside. we've looked at this race over the past few months. a lot of pollsters and other observers marveled at its static nature. the fact that, you know, no can diet has really been able to get above 50% in the national polling for any sustained period of time despite all the noise going on the airwaves and back and forth between the two campaigns. so conventional wisdom is often not worth much more than the paper it's written

on. jenna: it will be interesting to see if it stays true this time around and whether or not we learn says something about the country and says something about technology. shane, we look forward to having you back as always. >> thank you, jenna, things are getting tight. a massive recall in the serial aisle to talk to you about. why the kellogg company is pulling boxes of mini wheats off the shelves. remember this, hillary clinton promising to restart russian relations. so why are russian leaders suddenly stopping the clock and saying they want to redefine their relationship with the u.s.? ...seems like you guys got a little gassed out there. enough already. c'mon guys. next question. hello! what's your favorite color? what's my favorite color? yes. purple. what's your favorite animal? sea turtle. what's your bedtime? do you believe in space aliens? ...i love puppies. hash browns or home fries? home fries.

do you like my dress? why can't you guys ask good questions like this? [ morgan ] for a chance to interview an nfl player... join visa nfl fan offers and make your season epic.

jon: kellogg company announcing a major cereal recall. pulling boxes of

mini-wheats. why? rick folbaum from the breaking news desk. >> some folks like to sprinkle berries on ire cereal or sweetener. what you don't want are small pieces of metal. not a good day to start your way and because of metal may be in your cereal box, that sell logs recalling 3 million boxes of mini-wheats bite-sized original and frosted and unfrosted. they say unlikely but possible fragments of flexible metal mesh made it into the cereal boxes. the company blamed a faulty manufacturing part. they have best before dates range from april 21st to september 21st, 2013. you can fine the info right on the box. last time they had a major recall was couple years ago because a couple of different cereals were recalled because of different packaging that led to odd colors and different odors. we'll put all the recall information on foxnews.com.

there is quite a bit of it. you can contact kellogg's directly at 800-912-14313 you want to make sure your cereal is okay. jon: sounds scary. thanks, rick. jenna: we have a tonight a strong focus on foreign policy. we want to look at a story that caught our eye today. russia will allow a reduction in weapons reduction and security agreement in our two countries to expire in a few months. russia no longer wants our money that supports that program. essentially rejecting $500 million in annual assistance. this has been going on for 20 years. and now russia says, no more. mike o'hanlon, coauthor of barack obama's foreign policy senior fellow, foreign policy studies at brookings institution. michael, there is nuance with foreign policy but timing is everything in a lot of ways. what do you make of this move and why russia would say this now? >> hi, jenna.

i don't know exactly, russia is obviously frustrated with some american policy. as you know president obama came into office looking to carry out a russia reset as he put it and re-establish the working relationship with moscow. i think he had some important success on a couple of issues in the first couple of years. and as a result, russia's cooperated with us on iran sanctions. it's cooperated in our bringing a lot of supplies to afghanistan through the north which was crucial this past year as pakistan shut down the traditional supply lanes for six months through its territory. and we also saw the creation of a new arms control treaty which probably had only limited direct benefit for either country but put their relationship back on a little better footing. but in the last year as you know or year-and-a-half, russia has gotten angry with the fact in libya we overthrew qaddafi and probably intended to all along even though the u.n. resolution just talked about protecting libyan civilians

a year ago. with syria we're obviously at a fundamental impasse on how to handle did dilemma. what you're seeing a bit of frustration, vladmir putin a proud man and obviously back in the presidency doesn't think he needs american money. you know he is probably right at one level. idea of giving foreign aid to russia is counterintuitive given how well russia's petroleum sector is doing at this point. so it is not all crazy but it does cause some concern given that it seems to have a little bit of spite behind it as well. jenna: looking at just the overall context as you mentioned because a couple weeks ago i think it was about a week and a half ago, we learned certain u.s. aid organizations operating inside the country are essentially getting kicked out. they can't operate in the country anymore. because we're on the eve of this vice-presidential debate and we've seen back and forth between the president and governor romney on russia we want to talk more where we're going. here is how the candidates talk about russia if you will. we're going to roll some sound. >> but he is eager to give

russia's president putin the flexibility he desires after the election. [booing] under my administration our friend will see more loyalty and mr. putin will see a little less flexibility and more backbone. >> after all you don't call russia our number one enemy, not al qaeda, russia, unless you're still stuck in a cold war mind warp. [applause] jenna: so two very different perspectives. how should a new administration, whoever has it, engage russia in the next coming years? >> well, first of all you can't help but note both the candidates were pretty good at attack the other for probably the most inelegant and inopportune thing either one said on the subject. at one time governor romney did exaggerate calling russia our number one geostrategic foe. i don't see the argument for that. i also think president obama

made the mistake with that open mic mistake back in korea earlier this year when he did in fact say there would be more flexibility after the election. that implied he was maybe in too much of a hurry to help vladmir putin. so both of those comments were a little bit unfortunate but i'm not sure either candidate's really going to give russia a lot of freebies if they're in the white house. the next issue will be, how do we handle syria, for example? on that question both candidates have been pretty cautious. so romney might be willing to see a few more arms to go to syria. even he is not proposing the united states provide them to the insurgents. i don't know if that is because he is concerned about russia getting angry or there is some other reason. but you're not seeing a huge difference of opinion on actual policies. obama says he wants a four-stage missile defense system in europe to defend against iranian missiles. but that fourth stage in particular, there is a chance that president obama might rethink, based on his comment in korea.

whereas romney seems to be very firmly committed to all four stages. but that's a pretty modest disagreement since they're both going to deploy the first three stages of this system. so, you know, it's a little bit tough to actually translate their apparent big rhetorical disagreement into actual policy differences. >> it will be interesting to hear if it is mentioned tonight and see if there are some nuances that really speak to differences in either campaign or whether or not as you mentioned, maybe it is just rhetoric as could be, definitely, in campaign season. michael, always nice to have you. thank you. >> thanks, jenna. jon: here's something else we hear a lot during campaign season. this one especially, liar, liar. that charge leveled a lot in the race for the white house this time around. does the terrell cross the line? we'll get a fair and balanced debate going just ahead. also the crash that could change the rest of the nascar racing season. you might have remembered seeing this video over the weekend.

we're live at the breaking news desk with some follow-on developments.

>> announcer: meet jill. she thought she'd feel better after seeing her doctor. and she might have, if not for kari, the identity thief who stole jill's social security number to open credit cards, destroying jill's credit and her dream of retirement. now meet amanda. with a swipe of her debit card, she bought some gas... and an all-expense-paid trip to hawaii for ben. ben is the intity thief who used a device called

a skimmer to steal her formation from her card to open a fraudulent account. every year millions of americans just like you learn that a little personal information in the wrong hands could wre havoc on your life. this is identity theft, and no one helps stop it better than lifelock. lifelock offers the most comprehensive identity theft protection available. ordinary credit monitoring services tell you after your identity has been stolen; they may take 30 days to alert you! too late for amanda. with lifelock's 24/7 proactive protection, jill would have been alerted as soon as they noticed an attack in their network, before it was too late. and lifelock's bank account takeover alerts would have notified amanda in time to help protect her money. lifelock guards your social security number, your money, your credit, even the equity in your home. while identity theft can't be completely stopped, no one protects you better than lifelock. and lifelock stands behind that, with the power of their

$1 million service guarantee. you have so much to protect, and nothing to lose when you call lifelock right now and try 60 days of identity theft protection risk-free. 60 days risk-free! use promo code: onguard. order now, and get this document shredder, a $29 value, free! call or go online now. [♪...] jon: well, vice president biden is on his way to the debate before he boarded the airplane that is going to take him there i had a little chat with the reporters who were gathered there hoping to catch abide enism or two. take a listen. >> looking forward to it. looking forward to it.

nice of you guys to be here. are you on the plane with us? >> yeah. >> well, hell, all right. those guys -- ever seen me rope-a-dope? jon: the question was a little hard to hear from the jet engines going in the background. what is the strategy, rope-a-dope? the vice president said have you heard, ever seen me rope-a-dope? that is boxing technique for those not familiar with box to lure your opponent to think you're a beaten man and you wail on him. there is a familiar term we're hearing a lot about in race for the white house. the word is liar. president's campaign team calling governor romney a liar. for example, david plouffe speaking in the press cabin of air force one the day after the debate saying, yes we thought it was important to let people know someone who would lie to 50 million americans you should have some questions whether that person should sit in the oval office.

one columnist is now reacting to that, saying using the word liar is potent and ugly, with a sleazy political pedigree and that it crosses a line. does it? let's get a fair and balanced debate underway. with us, angela ma fwlou wan in the green, fox news political analyst. and alexis mcgill johnson. alexis, does it cross the line, presidential politics especially to call someone a liar? >> it feels amateurish and childish like we're on the recess playground. i think it is a little bit beneath the president to say that the challenge he doesn't have to call romney a liar at all, factcheck.org says he is liar. "washington post" says he is liar. "new york times", "politifact", all people we look to reflect truth in policy indicate romney was lying a lot during the debate. jon: i guess you agree with part of what she had to say? >> what i agree with alexis and i talk about in

greenroom should get back to the issues. unfortunately your team has been about winning by any means necessary. we started with fear-mongering. redrib shun of wealth, race bating where biden said they will put y'all back in chanls. what about issues in if mitt romney was lying, president obama had a grand opportunity to say, you're lying about this, sir and point it out. >> in fact web wish he did during the debate. i think that is real. we know for sure he was lying about medicare. he was doing exactly what is reprehensible about misrepresenting truths, right? doing same thing to increase anxiety among certain sectors. jon: let's focus on the topic at hand which is, in my memory, presidential candidates or their teams don't often go out and say, you know, this person lied. it is usually say he stretched the truth or he doesn't quite have his facts right. >> jon, this was a talking point for liberals even the night of the debate. al sharpton was the only one that really defended the president by, you know, a

lot of other liberals threw him under the bus but al sharpton said he is lying. flip-flopping. we'll do commercials and obama looking presidential. head of dnc, david plouffe, pundits saying that mitt romney was a liar. jon: to be fair alexis, the charge has come from the republican side as well. take a listen. >> well, i mean first of all what we're doing here is just using barack obama's words of four years ago when he promised the american people that he was going to be a president of big ideas and big things and it turns out that he is same player of small ball and distraction and, yeah, lying as well. >> so we have a few more rounds to go in this fight. what we saw in the first one was a very energized performance. it was big bird meets the big lies. >> but to say that the president is surrounded by liars, is a pretty accurate, is a pretty accurate charge and who the heck wants to be

surrounded by liars? jon: so it does come from both sides. i mean, you know, rudy giuliani who you heard there at the end not officially part of the romney campaign, if i'm accurate. it seems we're hearing it from both sides this time around. >> the point is americans deserve better, right? we have very complex issues facing us. we have global economic crisis. we have domestic challenges. we need a very clear vetting of policy issues at hand and calling someone a liar doesn't necessarily address it. but, you know, we've been talking about flip 234r07ing. talking about etch-a-sketch. even newt gingrich talked about romney stretching the truth during the primary. >> we need to have the truth out there. they need to debate about the issues. who will create a better america? who will give us more jobs? who will put more money in my pocket. it hasn't been the obama administration. mitt romney if you have four

years, what will you do. jon: this is a first presidential campaign where twitter is a big phenomenon. is it partly because liar fits better in 140 character tweet than, this is a guy who is a prevaricator? >> neither side should use liar. if someone is not telling the truth, call them on it. and biden should call romney on it or paul ryan on it tonight. >> you should be specific about that, i grant you that. sometimes liar is the best way to explain it. a lie is better way to explain. not calling him a liar. jon: angela, you say that there is an advantage here in that you believe it sort of encourages people to do some digging and look for their own answers. >> you're exactly right. if you call mitt romney a liar, if you call obama a liar, we have internet today so people can research and go to either one's website, type the word in, dealing with policy pull it up much. by doing this we can turn lemons into lemonade. >> i agree with that. jon: landing on the positive.

thank you both. jenna: a dra dramatic hit-and-run caught on tape and the victim flying in the air. the driver just takes off. what police are saying about it now. just an incredible video. we'll tell you more about the story and how the victim is doing. governor romney in the meantime gaining ground against the president in several key states. we talked a lot about that. how much is really due to the debates and what further impact can we expect from the upcoming showdowns? larry sabato is here with his crystal ball next [ male announcer ] eligible for medicare?

that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, they help save you up to thousands in out-of-pocket costs. call today to request a free decision guide.

with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, there are no networks, and you'll never need a referral to see a specialist. join the millions who have already enrolled in the only medicare supplement insurance plans endorsed by aarp... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. jon: we told you about this yesterday. an investigation underway right now into a hit-and-run in north carolina. a pawn shop in charlotte had a video camera that captured it all on surveillance. watch as sean lewis runs across the street. an suv comes barreling down the road. hits him, tosses him 10 feet in the air. the driver stopped for a

moment. got out to look at lewis and gets back behind the wheel and drives off. lewis, believe it or not was able to walk home on his own. is doing okay. he has a lot of bruises, he wishes the driver would have at least helped him out of the road. yeah. police are asking anyone with any information call their tip line, 704-336-7600. if you know anything. jenna: that is a crazy video. lucky, lucky pedestrian. jenna: we just got into our newsroom, new polling from reuters ipsos just out. looks like for the first time, mitt romney pulls ahead of president obama by 3 percentage points according, again to these brand new polls just out. 47 to 44%. you know one of the things we've been watching in some of these new polls governor romney has gained some ground. it has come in several key battleground states as well. this comes after his performance in the first presidential debate.

some analysts say that the matchup of those debates don't really matter but some are now, maybe changing their minds a little bit. our next guest says, that his electoral map has shifted in the last week. joining us now, with his crystal ball, larry sabato, director of center of politics at the university of virginia. first things first, larry, what do you think about that new reuters ipsos poll? >> yes. they actually had romney up yesterday but i think it was by two points. so apparently this has grown over time. you know how these polls work. they toss out the oldest interviews and add in the newest interviews every day. that's why we call them a daily tracking survey. so that is a good news for romney. it suggests as people absorb what happened in denver at the first debate, his lead is growing. jenna: a little context there. that is so important for us, larry. thank you for that. why these changes in your map? and what changes are you really looking at that you think our viewers should know about?

>> well we made two changes in the romney direction because of the first debate. most presidential debates, jenna, really don't matter. they don't move the needle but boy, every now and then you have a debate that does and denver was one. you know, many people suggested that romney would do well in that first debate. very few people, at least that i know, thought the president of the united states would essentially fold his cards in the first debate. this was a shock to people. we've moved virginia from lean as obama where it had been for quite some time, into the pure toss-up category. there are only two other states in pure toss-up, colorado and new hampshire. we also moved florida which had been a pure toss upinto the leans romney category. this is really important because it brings obama down to 277 electoral votes. once you allocate the states that are leaning. it means that romney can win if he carries new hampshire,

colorado, virginia, and turns just one other state, wisconsin, or turns a combination of iowa and nevada. jenna: so larry, one of the things you went on to say in your crystal ball, the president has still more plausible routes to winning the election but romney doesn't need a huge transformation to get there. i think you just talked a little bit about that. what are you watching for next? aswer getting so close now to election day, what are the keys to really watch for now? >> i think you always look at ohio. our favorite swing state, other than of course my native state of virginia. i have to give them preference. jenna: of course, right. >> but ohio, we've said all year long, jenna, ohio has been right 27 of the last 29 times. no republican has been elected without ohio. if ohio gets really, really close and romney is moving up, that to me is an immediate sign. although again, it is possible for romney to win

without ohio, if he gets wisconsin and those other states i mentioned. or if he turns iowa plus nevada. jenna: we'll continue to watch these combinations and the crystal ball as always, larry. thank you very much. >> thank you, jenna. jon: going to be confusing election night. iowa, ohio, a lot of --. jenna: right. got to get the geography out and make sure you got it all straight. jon: florida is easier to pin down. nascar's dale earnhardt, jr., diagnosed with a concussion. what that means for the rest of his racing season. and there are millions of americans right now who are considered inactive voters. what you need to know about that before you head to the polls on november 6th. victor! iot your campbell's chunky soup. mom? who's mom? i'm the giants mascot. eat up! new jammin jerk chicken soup has tasty pieces of chicken with rice and beans. you know the giants don't have a mascot right mom? [ male announcer ] campbell's chunky soup. it fills you up right.

jenna: right now there are nearly 21 million people in

this country considered inactive voters and that's because of a federal law that requires state and local election boards to keep their polls up-to-date. critics call it voter purging, saying it makes it harder for some people to vote. supporters say this is important because it prevents voter fraud. eric shawn live in the new york city newsroom with more on all this. >> reporter: hi, jenna. millions may get a big surprise when they show up to vote on november 6th. they will be told they're, inactive. by law you can be considered an inactive voter not voting in two consecutive federal elections or not returning postcards back to the election board to verify your address. the numbers are straggering. take a look. nearly 21 million inactive voters. california has the vote. texas nearly two million. florida, new york, illinois also top a million. even though they can still vote after confirming information or reregistering again, critics charge

officials are intentionally purging voters with these lists. not so say election officials. louisiana secretary of state tom shedler says the accurate voter list assures elections by having accurate voting list. >> i put voting at the utmost paramount of our legal rights but you can see in business everyone does some type of file maintenance or business list maintenance and i don't see any difference in the voting registration. i think the most important thing out of everything i'm saying is this. these individuals have not voted in almost half a decade. i think people miss that. >> reporter: and some fear with so many names on the inactive rolls they think could create a ripe opening with voter fraud. he is with the group vote guards. >> if that data got into the wrong hands, it is simple to understand how anyone could be able to use that and

manipulate an election, especially if a state doesn't have a voter i.d. law in place. anyone could go in with a name from that list and say, i'm joe smith. i'm here to vote. >> reporter: at this point the number of inactive voters can be reduced by one simple thing, vote. if you suspect election problems where you live, here's our address, voter fraud@fox news.come. jenna. jenna: sounds easy enough. that is good incentive. you will stay current. you won't be inactive. >> reporter: yep. jenna: you're current with all this voting stuff? >> reporter: of course i'm current. i can vote or do it absentee ballot. jenna: eric shawn, thank you very much. jon: vice president biden and congressman paul ryan set to face off just a few hours from now. so, what can we expect from each of them in their only debate appearance? could it shake up the race for the white house? we'll go in depth. also new fallout from the deadly terror attack in benghazi and what the white house really knew what happened there, despite what key members of the obama

administration initially told the american people. we're live with an update on that story, next.

>> hi, everybody, rick funnel ball in the -- folbaum in the "happening now" control room. joe biden and paul ryan, the showdown in danville, can congressman ryan keep the momentum going for the republic ticket? we'll take you live to kentucky for a preview of tonight's vice presidential debate. plus, we'll have the very latest on the meningitis outbreak that's hitting people all over the country. another victim, and the latest on the pharmacy that has supplied the tainted drugs. we'll also have the latest on that collapse at the construction site in miami, the death toll rising as searchers continue to look for one person still trapped. all that and breaking news as the second hour of "happening now" starts right now. jenna: well, noon eastern time,

and we're just hours away from the first vice presidential debate, first and only, by the way. the running mates are ready to rumble, and welcome to "happening now." i'm jenna lee. jon: i'm jon scott. all eyes on tonight's high stakes debate as vice president joe biden faces paul ryan, the republican who wants to take his job. it promises to be one of the closest presidential elections in recent history. biden and ryan square off for their first, their only debate. it takes place tonight on the campus of center college in danville, kentucky. mr. biden is hoping to put the brakes on the campaign after governor romney's strong showing in the first presidential debate. president obama saying yesterday that joe just needs to be joe. for mr. ryan, this will be his first nationally-televised debate. the up and comer knows biden is a veteran politician with more experience at these events, but he says biden cannot run from president obama's record. a fox news poll just out finds vice president biden has a

negative favorability rating, 44% have a favorable opinion of the vice president, 47% hold an unfavorable view. meanwhile, paul ryan is viewed favorably by 46%, 38% say they have an unfavorable view. but a lot of folks still don't know congressman ryan very well. they will be getting a chance to get to know him in tonight's debate. michael barone is senior political analyst for the washington examiner and a fox news distribute contributor. michael, what are you going to be watching for tonight? >> well, i'm going to be watching two people who have been good retail politicians, joe biden has won seven senate elections in delaware, a small state with only three counties. people expect to get to know their senators. paul ryan has won seven house races in a marginal congressional district. he's been reelected by margins of 64-38%. one thing i'm going to be looking for is whether or not joe biden is going to address

the contrasts between the barack obama that he described in his quite effective convention speech, obama who's working hard, who's very intensely devoted to the details of public policy, and the barack obama that we saw on the stage in denver last week who seemed to know less about public policy, be less well versed, less emphatic and effective than mitt romney who's never held federal office. so that's one thing i'm going to be watching for, can biden repair obama's image. jon: "the wall street journal" today said that the vice president is preparing to mount an energetic attack. does he need to be attacking paul ryan to make some ground back, do you think? >> well, the whole tenor of the obama campaign -- particularly if you judge from the barrage of ads they've run in the three big states that today hope to be a firewall, florida, ohio and virginia -- the whole thrust of the obama campaign has been negative. mitt romney is a rich guy who plows people under or words to that effect.

it's been directed against romney, and barack obama seems astonished last week in denver when the mitt romney who showed up on stage wasn't the same as the guy portrayed in the obama campaigns and the obama super pacs' negative ads. i think that we can expect some more of that because, basically, you know, obama's record on public policy is not thought well of by a majority of the voters. and when that's the case, you go negative. jon: so vice president biden, he's been known for his gaffes. how does he avoid making something like that, making one of those tonight in such a high stakes venue? >> well, joe biden says a lot of things that discomfort his supporters when he's speaking off the cuff. you know, he was a member of the senate for 36 years where there's no time limit, and he tends to go on at great length. he's shown himself to be more disciplined. at his convention speech where he kept to time and spoke

effectively within that limit, and he did so also four years ago in his vice presidential debate against sara palin. there's always the possibility of a gaffe with joe biden, but i think the republicans would be foolish to rely on one happening. jon: at the same time, pat -- i'm sorry, congressman ryan kind of an unknown quantity. it would seem like he has the bigger upside since most folks already have formed an opinion of joe biden. >> well, yes. and people don't know paul ryan nearly in depth as they know joe biden. i mean, paul ryan has struck me as a person who's very well versed in policy, and part of the, you know, talk in the press about him is he's a policy wonk. he'll get lost in facts and figures. but he's also got the ability to argue for his policies in terms that are readily accessible to and attractive to the average voter. that's why he's been able to win with more than 60% in a district that voted for al gore and

barack obama. jon: michael barone. michael, it's good to have you on. >> good to be with you. jon: thank you. and we are your election headquarters. fox news channel is the place to be for complete coverage and analysis of tonight's vice presidential debate. it starts at 8:55 eastern time. bret baier and megyn kelly, your hosts. jenna:al today new questions regarding what the obama administration knew about the terror attack in benghazi compared to what it told the american people. one month ago four americans were murdered in the september 11th attack, ambassador chris stevens, two navy seals and a state department staffer. at a heated hearing yesterday, lawmakers heard about the security measures that were taken and some that were not taken to protect state department personnel in libya. >> the security in benghazi was a struggle and remained a struggle throughout my time there. the situation remained uncertain, and reports from some libyan bs indicated it was getting worse. diplomatic security remained weak.

in april there was only one u.s. diplomatic security agent stationed there. jenna: some lawmakers want to know who told u.n. ambassador susan rice to publicly blame the attack on an anti-muslim video a full five days after the attack actually happened, and many deemed it a terrorist attack. here's congressman trey gowdy. >> i would like to have another hearing where we can ask ambassador rice under oath who told you what when. you're going to blame the intelligence committee? you come before this committee, and you tell us who told you it was a video! who in the intelligence community said it, who in the diplomatic community blamed this on a video! jenna: it was a provocative hearing in many ways. james rosen is live at the white house with more for us now. >> reporter: jenna, good afternoon. there have bee some suggestions that secretary of state hillary clinton may herself have been

involved. at yesterday's house oversight and government reform committee hearing, however, there was sworn testimony indicating that the buck stopped with the assistant secretary of state who oversees diplomatic security, charlene lamb. >> people in the white house directly involved in that process, is secretary clinton directly involved in that process? >> if there are disagreements between the post in the field and the diplomatic -- >> would you classify what took place here as a disagreement based on what ms. lamb has said? >> no, sir -- >> this didn't reach the disagreement level? >> i would describe it as a dialogue between the post and diplomatic -- >> this didn't reach a level where you needed to weigh in, or someone higher needed to weigh in? >> no, sir. >> anyone at the national security council, anyone weigh in there? >> no, sir, it did not. >> reporter: another central question is why susan rice five days after the murders appeared on all five sunday shows to insist that the attack was not premeditated or coordinated.

this past tuesday night two senior state department officials conducted a rare nighttime conference call and provided therein the most detailed accounting of the benghazi murders, minute by minute, that we've yet received. senior official number one told reporters the agent in a tactical operations center on the consulate grounds in benghazi or the toc looks at his cameras, and the camera on the main gate reveals a large number of people, armed men, flowing into the compound. at the very first moment when the agent in the toc sees the people flowing through the gate, he immediately hits an alarm. he gets on the public address system as well yelling, attack, attack. that agent from the top of this incident has been on the phone. he had called the libyan authorities, the embassy in tripoli, and he had called -- [inaudible] a reporter then asks what in all of these events that you have described led officials to believe this was prompted by protest against the video.

senior official number two answers: that's a question you'd have to ask others. that was not our conclusion. >> initial assessments in the immediate aftermath of the attack in benghazi were made, and there was a government-wide assessment that was the foundation of what ambassador rice said, what i said and what others said. >> reporter: so this question then remains, jenna and jon, how was there this government-wide assessment that this was the outburst over a video where from the first moments of the attack washington had been notified of the, quote, attack, attack, he was witnessing. we'll get to the bottom of this over the next couple of months in hearings and other forums. jenna: we'll continue to watch for those developments, james, thank you very much. we're going to move on to an update from overseas. do you remember this incredible video that came out of egypt during the uprising? that uprising ultimately led to hosni mubarak's ouster. but loyalists to mubarak, the regime, trampled the crowds and

rode through them on camels and horses. and you can see what it looked like, the chaos. well, at least a dozen people died during that. it was a major turning point in the wave of protests. twenty-six of these guys had their day in court, the ones that rode on the camels and horses. and they were found not guilty of manslaughter, even under a new regime. jon: even on video. wow. new information on the deadly nationwide meningitis outbreak spreading to nearly a dozen states now. that rare illness traced to contaminated steroids. at least 12 people are dead, nearly 150 others infected. it's all been linked back to one pharmacy in massachusetts, and now another company associated with that pharmacy is shutting down. jonathan serrie is live from the home of the centers for disease control in atlanta. what do we know about this second pharmacy, jonathan? >> reporter: hi, jon. well, it's called ameridose, it

also is located in the state of massachusetts. it has agreed to shut down to allow state and federal authorities in to inspect its operations, although it is a separate entity, it shares the same owners as the new england compounding center, the pharmacy that formulated the injectable back pain medication suspected in this meningitis outbreak. ameridose released a written statement saying, quote: this action was taken proactively and cooperatively with the board of registration of pharmacy out of an abundance of caution to insure the safety of all ameridose products. the company goes on to say that there is no indication of any contamination in any ameridose product and no reason that doctors should stop using them. now, in massachusetts these compounding pharmacies are largely regulated by individual states, and the laws vary according to state.

in massachusetts they do not allow compounding pharmacies to mass produce these compounded drugs. and so the governor of that state says that he believes that this new england compounding center may have violated its state's license. listen. >> what they were supposed to be doing is filling specific prescriptions for specific patients as i think any of us would understand a pharmacy to do. what they were doing instead is making big batches and selling them out of state as a manufacturer would. and that is certainly outside of their state licensing authority. >> reporter: regulators in massachusetts are still investigating. jon? jon: jonathan serrie in atlanta, thanks. jenna: well, bankrupt green energy firm solyndra back in the news today, the company leaving taxpayers on the hook for half a billion dollars. now the irs is accusing its owners of trying to avoid paying taxes. jon: also, lance armstrong

accused in the most sophisticated doping program the sporting world has ever seen. we'll show you the suspected evidence. jenna: plus a deadly garage collapse, rick is going to have the update on that plus on what to watch for tonight. >> beginning at 8:45, we're on after the debate until 11 p.m. eastern. watch it here on fox news channel, but join us for our live online chat, tens of thousands of you last week. we hope you'll come back and interact with us tonight, and we'll have more of "happening now" after a quick break. [ male announcer ] research suggests cell health plays a key role throughout our lives. one a day men's 50+ is a complete multi-vitamin designed for men's health concerns as we age. it has more of 7 antioxidants to support cell health. one a day men's 50+.

stay top of mind with customers? from deals that bring them in with an offer...

to social media promotions that turn fans into customers... to events that engage and create buzz... to e-mails that keep loyal customers coming back, our easy-to-use tools will keep you in front of your customers. see what's right for you at constantcontact.com/try. jenna: well, bankrupt green energy firm solyndra back in the headlines today. the solar panel maker when belly up last year leaving taxpayers on the hook for half a billion dollars. now the irs is accusing its owners of using the bankruptcy to avoid paying taxes.

steve centanni's live in washington with more on this. steve, what exactly is the irs saying about solyndra now? >> reporter: well, jenna, they're suggesting the bankruptcy plan for solyndra's really an elaborate scheme to avoid paying hundreds of millions in federal taxes. solyndra, as you know, failed after getting that huge government loan and filed for bankruptcy last year. irs lawyers filed a document in federal court opposing a bankruptcy settlement claiming the plan would result in net operating losses that could be used to offset future taxable income. the irs saying that plan would, would create a holding company -- it would have no employees and no business operations, but it would enjoy up to $350 million in those tax breaks that solyndra's investors could use. and one of those investors is argonaut ventures, linked to billionaire george kaiser, a prominent democratic fundraiser. jenna? jenna: we'll watch for the next chapter in that, steve. there's apparently another solar

company in the news today? is. >> reporter: right. yes, this is the house committee on energy and commerce pushing ahead with their probe of abound solar, a company based in colorado. it's another company that went out of business after getting a large loan guarantee from the department of energy. the committee wants to foe what doe knew about problems with the solar panel maker. in a letter to energy secretary stephen chu, committee chairman fred upton says, quote: just months before doe closed abound's $400 million loan guarantee, abound's panels, solar panel, were already experiencing significant efficiency and technological difficulties. so the committee's asking for a variety of engineering reports as well as legal and financial documents relating to abound. jenna in. jenna: all right, steve. we'll watch for that. thank you. jon: the death toll rising in a horrific garage collapse, and the desperate search for one person who is believed to still be trapped continues. plus, an up-close look at a

battleground state that president obama took in 2008. it is up for grabs in this election. the one state that might just hold the key to the white house.

jon: right now emergency crews are still working to pull a fourth victim from the rubble of a garage collapse we told you about yesterday. it happened in miami. rick folbaum is at the breaking news desk. >> reporter: breaking news from the miami-dade police department, and i'll share that with you in a moment. a witness said this building came down, jon, like a house of cards, and he saw construction workers running out from the scene screaming. a nightmare situation in south florida. this is a five-story parking garage crumbling yesterday, workers trapped under slabs of concrete and steel. here's what we're learning from

the police. three victims confirmed pulled out, a fourth man is still in the rubble, but we're told that rescuers do not expect to find him alive. all three of the victims were alive when they were pulled out only to die from their injuries at the hospital. one of the men trapped for about 13 hours. at least seven other workers were taken to the hospital, an eighth was treated on the scene. there are search and rescue dogs that have been at the scene, they'll stay there until that final worker's body is recovered. and we're learning that this investigation is still going on. so no word yet on what exactly caused this garage to collapse. back to you. jon: so sad. rick, thanks. jenna: well, less than four weeks until we go to the polls, and we're taking a look at battleground states that could hold the key to the white house. today we're taking a look at north carolina. the president with a narrow victory in the tarheel state back in 2008, and that marked the first time voters there picked a democratic president since 1979.

will he repeat it this final around? let me show you a little bit about what does the state look like. you can see the unemployment rate still very high, just a touch below 10%. the average gas price which, you know, we show you because it gives you an everyday feeling on the economy if that's really high like it is out in california, not so high in north carolina, $3.72 in comparison. if you take a look at the number of visits, interesting to note here, we're going to talk more about this. the president with two visits to the state, mr. romney with four. mitt romney is headed to north carolina after he does a little debate prep for his upcoming debate next week. electoral votes, 15 out of 270, so quite a bit more than some of the other swing states that we take a look at. let's take a look at the polls and what they look like today. real clear politics average right now is a 49-46% in favor of mitt romney. rob christianson is the chief

political writer for the news and observer of raleigh, author of the paradox, tarheel products. rob, three weeks have passed, what do you think has been, if anything, a change in the direction that north carolina seems to be headed this election? >> i think we're still where we were last spring. we've seen $60 million spent in this state, and i don't think the needle has really moved. this state seems to be going to where fast. jenna: why, rob? why is that? >> the state is deadlocked for a number of reasons. this state among battleground states has the highest african-american population of all battleground states. we've seen a tremendous number, influx of people moving into the state. i live in a suburb offal raleigh called kerr re, and it's always been kind of a moderate state.

so all these factors have kept, has kept the state really in play. a couple of factors that we're looking at here; military bases. strong military community, army, fort bragg, marines camp lejeune. both parties really making a play for the military vote. senator john mccain was in the state this week at fort bragg, for example. suburban women, another key factor. republicans had south carolina governor nikki haley up here, for example, going after that vote about two weeks ago. so those are some of the key factors going into north carolina. jenna: it's interesting to note, of course, that the conventions were in new jersey for the democrats. what's been the residual effect of that, if anything. did that have anywhere effect on getting voters enthusiastic again as they were for the president in north carolina in 2008 in -- 2008?

>> well, you've always had this problem, the historic nature of the candidacy of president obama and repeating that again four years later. so that's always been an issue. but, you know, president obama's had, has been in the state for four years. they never left. they have something like 54 offices in the state. governor romney has something like 22 offices. the romney folks they're doing a much better job than they did four or years ago. but there's a tremendous ground effort going on in the state even though we don't see the candidates here as much as we do, say, in ohio and florida. if you're living this north carolina, every time you open your mailbox it's needed with flyers. every time you come home from work and you pick up the phone, you've got loads of robocalls, so you know you're live anything a battleground state. jenna: rob, thanks so much for your time. >> reporter: sure. jon: another report out on the

jobs front, today's number looks good on the surface but dig a little deeper, there is reason to question it. plus, how the economy is affecting small business owners; unemployment taxes, health, health care, gas prices. they all have a role. we'll ask an entrepreneur next.

i'm only in my 60's... i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options.

then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, it helps pick up some of what medicare doesn't pay. and could save you thousands in out-of-pocket costs. to me, relationships matter. i've been with my doctor for 12 years. now i know i'll be able to stick with him. [ male announcer ] with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients. plus, there are no networks, and you never need a referral to see a specialist. so don't wait. call now and request this free decision guide to help you better understand medicare... and which aarp medicare supplement plan might be best for you.

there's a wide range to choose from. we love to travel -- and there's so much more to see. so we found a plan that can travel with us. anywhere in the country. [ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you thousands a year in out-of-pocket costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. jon: if i you certificate of.

>> reporter: it's probably not a phrase that any politician or public figure would want to be associated with. this is the phrase, completely wrong. if you type the two words into the google's images search function you'll wind up with hundreds of images of mitt romney. he used those words in response to remarks he he made at a private fun fund-raiser when he referred to 47% who don't pay federal income taxes and are dependent on the federal government. so are they calculated, like years ago when they linked one time candidate santa an santa ana r-r to sexual activity when you searched his name for a longtime. they tell fox it's not the case here, the image results are what they call a natural search result. simply because of all the news

report when romney used the words completely wrong on shaun hannity's show by the way they say a spam team works to make sure there are not manipulated unnatural results. trey harden says this type of thing is bound to happen. >> this is not uncommon in politics on both sides of the aisle. you can have folks purchase certain, you know, search engine phrases or words on google. you can have them purchase certain links that can link to certain stories. it is the power of social media. >> reporter: ultimately they think it's not going to have a negative impact on the romney campaign. google says because they are natural search results they are not manipulate ned anyway there is no obligation for google to intervene. they say search results will update all the time because the internet is always changing. maybe these results will cycle in as new results cycle in. jon: shannon bream in washington.

thank you for the update. jenna: the republican chairman much the house oversight committee says he's looking into last week's reports on the unemployment rates. there are no questions, that show application for benefits. that is at 339,000 a drop from the last several weeks. peter barnes of the fox business network joins us with more on all of this. >> reporter: last week we saw that unexpected drop on friday in the unemployment rate for the month of september, it went from 8.1% to 7.8%, a huge drop, the largest in about 30 years. that raised questions about the labor department's methodology for collecting data for that number and how it calculates the unemployment rate. so now the chairman of the house oversight and government reform committee, darrell issa tells our colleague greta van susteren that he wants to shoeld hearings ohold hearings on this issue.

>> the way it's being done with constant revisions tells us it's not as exact a science as it seems to be and don't put them out if they are going to be wrong by as much as half a point. >> reporter: we had the weekly unemployment claims number today buy some economists are also calling a bit flukley. it fell unexpected lee to 339,000. economists were *erbgs pebgting 370,000 from last week, unchanged. they are blaming one large state for paying to report awful its claims numbers. the spokesperson there would not name the state but several economists say because the drop was no big it has to be the state of california. one economist says that the large state in question forgot to include thousands of unprocessed claims related to seasonal factors around the beginning of the fourth quarter which starts october 1st.

the labor department officials say we should see a bounce-back then in the unemployment claims to account for those late numbers. jenna. jenna: sounds like a pretty big mistake if that was indeed the case, peter. more or less a couple of thousand. we'll continue to watch the trend, maybe, that's what we need to lock for in employment here. thank you very much for that story for us today. we'll take a closer look at the economy and how it's affecting small businesses. we have a weekly new series called "spotlight on small businesses" and thomas fukes bakes house wears sold at different places across the country, including neiman-marcus. it's great to have you. we talk about small business and we oftentimes don't talk to the small business owners and it's important to do that. one of the things that gets brought up in conversation is healthcare, taxes, the fiscal cliff. awful these different things. what are you watching for in the next several months that you kneel could potentially impact your business?

>> exactly, this is still -- this business is about a year old this month, actually, and right now a lot of money is just going into the business, and so we're fortunate enough to have a lot of tax write offs at this point. as the company grows we'll be having to worry about this a lot more. probably the biggest impact we are having now is that banks are not lending money. even though we launched at barney's, sachs, all the big stores, barney has sold out four times since we launched, banks need to see two years of records before they even kirt. even though we've met with 10 to 12 banks they are just not lending money right now. jenna: that is interesting. we talked about the credit crisis so much throughout the years and we continue to hear it for consumer level and small businesses that loans are tough to get. what is the effect of that, if you're not able to get the loans

does that affect whether or not you can hire? what is the ultimate affect of that? >> exactly. the biggest impact is that we need the money to get inventory. the orders that we're getting are well above the money that we're requesting, and basically when we get big orders we have to put out that money until 30 to 60 days after that product is delivered. so, we're able to do that at this point, but as the orders get larger and larger it's going to have a bigger and bigger impact. and also one of of the reasons why we want more money is we want to have ra support staff. that would help us grow, inventory would help us grow, the smaller stores. we are in the big stores like i said, but the smaller stores they don't plan seasonly. they want the product now, and if we can't ship it within two or three weeks they move onto somebody else as much as they love the product. jenna: support staff could mean

more jobs. best of luck for the business. thank you for your time. great to have you. >> nice being here thank you. jon: the deadly men inch skwraoeut advertismening"two and a half menmeningitis outbreak continues to spread. >> we don't have a system that allows these types of mistakes to be made. the message is, wake up america.

what do we do when something that's hard to paint, really wants to be painted? we break out new behr ultra with stain-blocker from the home depot... ...the best selling paint and primer in one that now eliminates stains. so it paints over stained surfaces, scuffed surfaces, just about any surface. what do you say we go where no paint has gone before, and end up some place beautiful. more saving. more doing.

that's the power of the home depot. behr ultra. now with advanced stain blocking, only at the home depot, and only $31.98 a gallon. [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it... in your heart. [ basketball bouncing ] heart healthy. great taste. mmm... [ male announcer ] sounds good. it's amazing what soup can do.

jenna: right now 12 people dead in a meningitis outbreak spreading to eleven states affecting nearly 150 people that we know of. the outbreak linked to steroid shots used for back pain and it's putting inch createssed scrutiny on what are called compounding pharmacies like the

one where the steroid was produced. there were virtually none of these pharmacies back in 2000. now there are 3,000 of them in our country. the primary thing for these pharmacies is to make a liquid form of a pill, for example. like the big drug companies, compounding pharmacies are over seen by state boards and some suggest that might be one of the issues if any. dr. william shafner is back with us on the program. when you read these stories you wonder as a patient how can i protect myself? did i ever once get a drug or get an injection from a compounding pharmacy? should i be concerned? how can patients protect themselves when it comes to this sort of situation? >> the vast majority of compounding pharmacies are doing

a good job. this is a terrible, terrible anomaly and we need to get to the bottom of what happened here. if patients are concerned, ask your doctor, ask your clinic, are you receiving drugs from a compounding pharmacy or from a regular pharmaceutical manufacturer if that's your concern. jenna: do you think that the legitimate concern now because there are questions raised about regulation here, do you think that is a legitimate concern in a question that maybe patients should start asking nar their doctors? >> personally i'm less concerned on this because we are focused on this very well defined problem. there will be hearings in the future to find out whether the food and drug administration has sufficient authority, that's got to be authority, and the resources to actually oversee these compounding pharmacies. but we at vanderbilt are using drugs from regular pharmacists -- pharmaceutical firms and are providing good

medical care, and i'm sure that that is happening all around the country. jenna: it's interesting to learn that the compounding pharmacies are relatively new and have developed over the last ten years. why has that business grown? what tur purpose have they served, for example in the way you practiced medicine and what is the reason for all of this growth? >> it's even interesting phenomenon. they sometimes provide highly specialized medications for certain patients. children, for example, who can't take pills. they may particular pills, grind them, make a liquid formulation and make it more palatable for children. the other thing that's happened is that there's been an opportunity for them to provide certain drugs cheaper than can be purchased from the larger pharmaceutical manufacturers, and i think that's been the engine of their growth, principle plea.

jenna: it gives an and alternative for a lower cost fitting as you mentioned doctor. what do you think the questions are that we should ask as we see this outbreak and seem affected. what conditions, not as patients but in general should we be asking from the authorities, whether it's congress, the fda, just to make sure that this continues to be as you mentioned a safe resource for many different drugs? >> i think the hearings that are sure to take place will be asking what exactly is a compounding pharmacy? how are they licensed and supervised? does the food and drug administration have the resources, and does it have the legislative authority to actually extend its oversight over these pharmacies? that will all kind of come out in the hearings, and i suspect we'll have a much tighter regulatory system in this country going forward. it's clear that we need it.

jenna: nice to have you back on the program. thank you so much for the time today. >> always a pleasure. jon: the most decorated psychist in american history accused in the most sophisticated doping scheme the world of sports has ever seen. the suspected evidence next. also, videos of a brawl at a pee wee football game. we'll play the tame and tell you whtape and tell you who is facing the consequences. >> oh, no! plus presents the c. i have a cold, and i took nyquil, but i'm still stubbed up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast-acting decongestant to relieve your stuffy nose. thanks. [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! [ male announcer ] try new alka-seltzer plus severe allergy to treat allergy symptoms plus sinus congestion and pain.

jon: at the top of the broadcast jenna was talking about the vice president is always referred to as number 2, eastbound his plane is. there is air force 2 on the ground at lexington airport, the

vice president and his entourage getting out. eight hours from now give or take a few minutes he will be debating his republican counterpart, vice presidental candidate paul ryan at center college in downville, kentucky. this is their one and only meeting, 8:55 eastern time tonight on fox. jenna: the most accomplished american psychist of all time, lance armstrong accused in the most sophisticated professionalized and successful doping program ever, at least that is how the accused put it. those are their -- those make the accusation i should say. rick, tell us a little bit more about what we are learning now. >> reporter: brand-new report is where this information is coming from, and it paints disgraced psychist lance armstrong not only as a cheat himself but someone who insisted that his teammates cheat with him. armstrong has been banned from the sport for life, his titles have been stripped. he has said that he's not fighting any of that, and this

report could be why, it's from the u.s. anti-doping agency and it's basically a 200-page indictment of the sport of psychlynn. there is two testimony from 11 former teammates of anchor strorpl all of them admitting themselves to using performance-enhancing drugs. and it includes that the seven time winner armstrong was the the center of quote, a massive team doping scheme, more extensive than anything previously revealed in professional sports history. armstrong's lawyer says it's a witch hunt, but the report spells out how the psychist would cheat. ingesting the drugs into their veins so that the drugs would leave their bodies faster or diluting their own blood with saline in order to get a clean sample. one of his former teammates wrote a reporter from the "wall street journal" that cycling was a sport where doping was so accepted that riders from different teams who were competitors on the road

coordinated their doping with keeping up with other riders doing the same thing. a dea devastating report that one of the most inspirational athletes was cheating his way to greatness. back to you. jenna: he keeps denying it. we'll keep watching this story. jon: a pee wee football team turns into all out punches. one coach turning himself into a human battering ram knocking down one child's mom. both coaches have been disciplined, i guess the good news here is nobody was seriously hurt. not much of a lesson in sportsmanship,. jenna: jon scott tv news man by day, anchorman, right? jon: anchorman. jenna: once the sunsets, though it's a whole different story.

we are going to show you how jon scott moonlights, next. jon:

♪ ♪ jon: one of my favorite all-time show tunes there, the impossible dream. jenna: i'd like a list of your all-time favorite show tunes, by the way. jon: okay. that's walter charles in the screen behind me. veteran of shows like anything goes, sweeney todd. he is don quixote in a special presentation this saturday night, performing to benefit the

clock tower players. it is a very fine community group with which i manage to land a role every decade or so. and, yes, i will be up on stage on saturday night as well. your narrator's going to be meredith viera, jim layman from beauty and the beast, all these big hollywood broadway-caliber entertainers up there on stage, and me. jenna: definitely broadway caliber. jon: no, i am not. but everybody wants to see some of these legended on stage. if you're in the new york area, you want to catch it, check out irvington theater.com, and i'll put something on our blog page. jenna: i have attended one of your performances in the past -- jon: yes. jenna: what was -- jon: that was camelot. jenna: jon has an excellent singing voice,. jon: thank you. jenna: do you get stage fright? jon: it's terrifying. it's not like televn.